Opinion
August 23, 1989
Appeal from the Supreme Court, Suffolk County (McCarthy, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The Suffolk County Board of Elections was not named as a party to this proceeding, and only one of the two Election Commissioners who comprise the Board was named as a party. The named Commissioner does not have the authority to unilaterally act for the Board, since, by statute, all Board actions require a majority vote of the Commissioners (see, Election Law § 3-212; Matter of Conlin v. Kisiel, 35 A.D.2d 423, affd 28 N.Y.2d 700; Matter of Buhlmann v. Wilson, 96 Misc.2d 616). The proceeding therefore was properly dismissed due to the petitioner's failure to join as a necessary party the remaining Commissioner or the Board of Elections (see, CPLR 1001 [a]; Matter of Oberle v Caracappa, 133 A.D.2d 241; Matter of Curcio v. Wolf, 133 A.D.2d 188; Matter of Crowe [Board of Elections], 263 App. Div. 935).
In light of this determination, we need not reach the remaining issues raised. Lawrence, J.P., Rubin, Sullivan, Kooper and Rosenblatt, JJ., concur.